Hon’ble Om Prakash-VII, J.—This Jail appeal has been preferred by appellant Brijesh Kumar against judgment and order dated 29.4.2011/3.5.2011 passed by Additional Sessions Judge, Court No. 11, Aligarh in Sessions Trial No. 618 of 2008 whereby accused appellant Brijesh Kumar was convicted for offence under Sections 302, 201, 394, 411, 419, 468, 471 IPC and sentenced for offence under Section 302 IPC to imprisonment for life and a fine of Rs. 10,000/-. Appellant was also directed to undergo six months additional R.I. in default of payment of fine. He was also sentenced for the offence under Section 201 IPC to undergo 5 years R.I. and a fine of Rs. 5000/- and in default of payment of fine to undergo three months additional R.I. For offence under Section 394 IPC he was sentenced to 7 years R.I. and a fine of Rs. 7000/- and in default of payment of fine, four months additional R.I. was also ordered. For offence under Section 411 IPC, he was sentenced to 2 years R.I. and a fine of Rs. 3000/- and in default of payment of fine, three months additional R.I. For offence under Section 419 IPC, he was sentenced to 2 years R.I. and a fine of Rs. 2000/- and in default of payment of fine, two months additional R.I. For offence under Section 468 IPC, appellant was sentenced to 4 years R.I. and a fine of Rs. 4000/- and in default of payment of fine, to undergo four months additional R.I. For offence under Section 471 IPC, he was sentenced to 1 year R.I. and a fine of Rs. 1000/- and in default of payment of fine, one month additional R.I. All the sentences were directed to run concurrently.

2. Facts of the case in brief are as follows :

On 28.8.2007, an information was sent by Railway Department to S.H.O., Hathras mentioning therein that Keyman Chandrapal has informed through memo Ex.Ka.1 in writing that one unknown dead body is lying near 1298/02 - 1298/04, Bhopatpur. It appears that on information given by Railway Department, local police reached at the place of occurrence entering information in the G.D. and took blood stained and plain soil from the place of occurrence and keeping same in sealed boxes prepared sample seal and also fard (Ex.Ka.7).

3. Dead body was kept in a sealed cloth and a sample seal was also prepared. Inquest report prepared in the matter is Ex.Ka.-2. In the process, relevant papers were also prepared i.e. Form No. 13 (Ex.Ka.3), letter to C.M.O. (Ex.Ka.4), photo lash (Ex.Ka.5), letter for photography (Ex.Ka.6), which are on record. Dead body was carried to mortuary for postmortem by concerned police.

4. Postmortem on dead body of deceased was conducted by P.W.3 Dr. A.K. Singh, Surgeon, District Hospital, Aligarh on 28.8.2007 at 6:00 P.M. as unknown body. On general examination, deceased was found aged about 42 years. Probable time of death was within ½ day. Deceased was average body built. Rigor mortis had passed in upper extremities and was present in lower extremities.

5. Following ante-mortem injuries were found on the body of deceased :

(i) Nails of both upper extremities cyanosed. Eyes congested. Tongue cyanosed and echynosed and trapped between upper and lower teeth.

(ii) Ligature mark 32 cm. x 1 cm. all around neck upper part except right side just below mandible.

(iii) Lacerated wound of 2 cm. x 1 cm. at back of skull.

(iv) Postmortem staining at both knee and dorsum of left foot.

6. On internal examination, clotting of blood was present inside head. Front bone of neck was found fractured. Blood was present in ligature mark. Both lungs were congested. Pasty food was present in stomach. Digested food and liquid were present in small intestine and large intestine contained gases and faecal matter. Cause of death was shown as asphyxia as a result of ante-mortem strangulation. Postmortem report is Ex.Ka.1A.

7. Dead body of deceased was identified by deceased’s brother-in-law Dr. Vijay Gupta and Sister Dr. Kanika Gupta, which was handed over to these two persons after postmortem. On identification of dead bod